ML20135C051
| ML20135C051 | |
| Person / Time | |
|---|---|
| Issue date: | 11/12/1996 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Finch D, Rauch J AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20135C053 | List: |
| References | |
| NUDOCS 9612060149 | |
| Download: ML20135C051 (8) | |
Text
- - - .- - - - . - . . . _ .
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Mr. James Rauch and Mr. Don Finch, Editor FACTS (For A Clean Tonowanda Site)
Box 566 Kenmore, NY 14217-0566
Dear Messrs. Rauch and Finch:
We have prepared this letter in response to your letters of March 26, September 4, and September 6,1996 to Dennis Sollenberger in the Office of i State Programs and your September 30, 1996 letter to Jeffrey Bartlett in the Office of the General Counsel. In your. letters, you express concern regarding radioactive material in the Seaway (Niagara) Landfill. In particular, you -
l raise questions regarding the Nuclear Regulatory Commission's (NRC) regulatory jurisdiction and responsibilities over material in the Seaway Landfill and request that NRC assert regulatory control over that material. >
l .i Since the receipt of your first letter in March 1996, Dr. Sollenberger of my staff has discussed over the telephone with you the status of our activities ;
to review and resolve this issue. In response to your more recent requests :
for information, we have prepared this letter to document these earlier '
l communications and provide you with information on NRC's current efforts on >
l this issue. As Dr. Sollenberger indicated to you earlier, NRC sent'an i
. April 23, 1996 letter to Paul Merges of the New York State Department of ;
l Environmental Conservation addressing some of the jurisdictional issues t l relevant to the site (see enclosed). The current conditions at the' Seaway i
Landfill present some unusually complex jurisdictional issues.that have proven difficult to resolve. Accordingly, the NRC staff has been working to resolve .
i the issues of (1) NRC regulation of FUSRAP (Formally Utilized Site Remedial- >
i Action Program) material while'remediation of the material is still under i
evaluation by the Department of Energy (DOE); and (2) New York State or NRC '* ,
l regulatory jurisdiction over the radioactive material present in the landfill. ,
l
! After the NRC staff completes this analysis, it will be' forwarded to the- .. ,
' I l Commission for review. We will inform you as soon as the NRC staff receives any specific direction from the Commission on these issues. . Until that time,-
if you have additional questions, please contact Paul Lohaus in the Office of-State Programs at (301) 415-2326.
Sincerely, D M9d k -
RICHARD L BANGART 9612060149 961112 Richard L. Bangart, Director i PDR STPRG ESGG Office of State Programs DR }
Enclosure:
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Mr. James Rauch & l Mr. Don Finch, Editor !
FACTS Newsletter Box 566 Kenmore, NY 14217-0566
Dear Messrs. Rauch and Finch:
This letter is in response to your letters of Marc 26, September 4 and September 6, 1996, to Dennis Sollenberger in the Office of St e Programs and your September 30, 1996, letter to Jeffrey Bartlett in the Office of th General Counsel. In your letters you express concern regarding radioactive materialin e local Seaway (Niagara) landfill. In particular, you raise questions regarding the Nucle r Regulatory Commission's (NRC) regulatory jurisdiction over material in the seaway 1. ndfill and request that NRC assert regulatory control over that material. Given the timt since receipt of your initial letter in 1 March 1996, and your subsequent letters, we are pn viding an interim written response at i this time.
Dr. Sollenberger has reviewed the status of our activiti s to review and resolve this issue with you by phone. He has discussed with you our Ap il 23,1996, response to Dr. Paul Merges, regarding our understanding of DOE's plans un< er the FUSRAP program relative to the Seaway landfill. He also indicated that NRC staff is orking to resolve the issues of (1) regulation of FUSRAP material while remediation of ti e materialis under evaluation by DOE and (2) New York State or NRC regulatory jurisdictic over the radioactive material present in the landfill.
We willinform you as soon as we complete our analysis, pr vide that analysis to the Commission for their review, and receive any specific directi n from the Commission on these issues.
Sincerely, Richard L. Bangart, D rector Office of State Progra s Distribution: ,
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- 2 WASNINGTON, D.C. SoseH001 l j .g*/ November 12, 1996 Mr. James Rauch and
- Mr. Don Finch, Editor FACTS (For A Clean Tonowanda Site)
Box 566 l Kenmore, NY 14217-0566 i
Dear Messrs. Rauch and Finch:
4 We have prepared this letter in response to your letters of March 2G, September 4, and September 6, 1996 to Dennis Sollenberger in the Office of State Programs and your September 30, 1996 letter to Jeffrey Bartlett in the
- Office of the General Counsel. In your letters, you express concern regarding i radioactive material in the Seaway (Niagara) Landfill. In particular, you l raise questions regarding the Nuclear Regulatory Commission's (NRC) regulatory
. jurisdiction and responsibilities over material in the Seaway Landfill and
! request that NRC assert regulatory control over that material.
- Since the receipt of your first letter in March 1996, Dr. Sollenberger of my
- staff has discussed over the telephone with you the status of our activities
! to review and resolve this issue. In response to your more recent requests i for information, we have prepared this letter to document these earlier
- communications and provide you with information on NRC's current efforts on this issue. As Dr. Sollenberger indicated to you earlier, NRC sent an l April 23, 1996 letter to Paul Merges of the New York State Department of i Environmental Conservation addressing some of the jurisdictional issues i relevant to the site (see enclosed). The current conditions at the Seaway i
Landfill present some unusually complex jurisdictional issues that have proven difficult to resolve. Accordingly, the NRC staff has been working to resolve the issues of (1) NRC regulation of FUSRAP (Formally Utilized Site Remedial Action Program) material while remediation of the material is still under evaluation by the Department of Energy (DOE); and (2) New York State or NRC regulatory jurisdiction over the radioactive material present in the landfill.
After the NRC staff completes this analysis, it will be forwarded to the Commission for review. We will inform you as soon as the NRC staff receives any specific direction from the Commission on these issues. Until that time, if you have additional questions, please contact Paul Lohaus in the Office of State Programs at (301) 415-2326.
Si cerely .
' [cd4 Richard L. Bangart, Dir Office of State Progra
Enclosure:
As stated